DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 772 KB)
Is A Pool Permissible For Use As A Mikveh?

A woman who is a Nidda can divest herself of this status only by immersing in a Halachically valid Mikveh, which is defined as 40 Se'a of naturally collected rainwater, that had not been drawn from another source. This means that a Mikveh must be constructed in such a way that rainwater falls directly into the Mikveh. If the water is brought to the Mikveh from somewhere else, either through human involvement or a piping system, it is invalid, and a Nidda who immerses in such a Mikveh is still considered a Nidda.

For this reason, Chacham Ovadia Yosef rules (in Halichot Olam, vol. 5, p. 143) that a swimming pool may not be used as a Mikveh. The water in a swimming pool has the status of Mayim She'uvim – "drawn water" – and is therefore ineffective in ridding a woman of her Nidda status.

When Chacham Baruch Ben Chaim Z"L served as Rabbi in Salsbury, South Africa, he sent a letter to Chacham Ovadia Yosef asking if he could permit the women in his community to immerse in swimming pools, given that no proper Mikveh was available. He noted that if he would not permit women to immerse in swimming pools, they would resume relations with their husbands without immersing altogether. Since pools are disqualified for use as a Mikveh only Mi'de'rabbanan (by force of Rabbinic enactment), perhaps it is preferable to instruct women to violate this provision, and immerse in pools, so as to avoid their violation of the far more grievous transgression, of relations during a state of Nidda.

Chacham Ovadia replied that a Rabbi may not allow people to commit a Rabbinic prohibition even in such a case, where they will otherwise violate a Torah prohibition. Halacha does not become more flexible in response to the "intimidation" of those who are prepared to transgress Torah law if a Rabbinic provision is not suspended. This principle is explicitly mentioned as well by Rabbi Moshe Feinstein (Russia-New York, 1895-1986), in his work Iggerot Moshe (Yoreh Dei'a section, 52; listen to audio for direct citation), where he writes that a Rabbi may not allow a violation of Halacha of any kind due to the threats of sinners that they will otherwise commit more grievous transgressions.

Chacham Ovadia added another factor, as well, namely, that issuing a ruling permitting the use of pools as a Mikveh eliminates any incentive on the part of the community to construct a proper Mikveh. For this reason, too, a Rabbi must not issue such a ruling, and should rather insist that the community take it upon itself to construct a valid Mikveh.

Summary: A swimming pool may not be used in lieu of a Mikveh, even if no proper Mikveh is available.

 


Recent Daily Halachot...
Does Someone Count for a Minyan If He is in a Different Room?
Is There an Obligation to Live in Eretz Yisrael?
May a Woman Return Home From the Hospital on Shabbat After a “False Alarm”?
Revoking Rabbinic Edicts of Past Generations
Accompanying a Woman in Labor to the Hospital on Shabbat
May a Husband be Present During His Wife’s Labor and Delivery?
May Expectant Parents Find Out the Fetus’ Gender?
Is it Permissible to Pray for the Death of a Terminally Ill Patient Who is Suffering?
Using the Mother’s Name When Praying for a Sick Patient
“Opening One’s Mouth to the Satan”
Does One Recite Tefilat Ha’derech Before a Short Flight?
Customs to Observe After Experiencing a Miracle
The Beracha Recited Upon Entering a Cemetery
The Completion of the 13th Daf Yomi Cycle
May a Synagogue Have a Menorah With Seven Branches?
Page of 239
3585 Halachot found